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HIGH COURT OF GAUHATI
MANISH CHOUDHURY
Kajol Ghosh – Appellant
Versus
State of Assam – Respondent
ORDER
Heard Mr. R.P. Sharma, learned Senior counsel assisted by Ms. M. Bora, learned counsel for the petitioners; Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent nos. 1, 5 & 6; Ms. R. Bora, learned Standing Counsel, NHIDCL for the respondent nos. 2 & 4; and Mr. A. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 3.
2. In the process of land acquisition for a National Highway Project :- ‘Building [Widening/four-laning, etc.], maintenance, management and operation of connecting from NH-37A to NH-52 on the stretch of land from Km 17.3 to Km 182 [Office of the Deputy Commissioner, Sonitpur, Tezpur, Assam’ [‘the Highway Project’, for short] initiated by the Ministry of Road Transport and Highways [‘the MoRT&H], Government of India [GoI], the parcels of land belonging to the petitioners, 44 [forty four] in nos., came to be acquired. The Competent Authority, Land Acquisition [CALA] had passed an Award under Section 3G[1] of the National Highways Act, 1956 [‘the N.H. Act’]. Dissatisfied with the amount of compensation assessed by the Competent Authority, Land Acquisition [CALA] in the A
The submission of a Joint Verification Report in compliance with an Arbitrator's order extinguishes the cause of action for a writ petition seeking compliance.
The submission of a Joint Verification Report in compliance with an Arbitrator's order extinguishes the cause of action for a writ petition seeking compliance.
The court directed the petitioner to seek enhancement of compensation through the appointed Arbitrator under the National Highways Act, emphasizing the Arbitrator's role in addressing grievances rega....
The court ruled that compensation for land acquisition must reflect market value and consider hardships faced by landowners, as mandated by the National Highways Act and RFCTLARR Act.
Petitioner must approach the appointed Arbitrator for grievances regarding compensation assessment under the National Highways Act, 1956.
Limited judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
Market value for highway land compensation must follow statutory higher of stamp duty rates or average similar land sales using multiple deeds; single dissimilar sale deed use creates patent illegali....
Courts under Sections 34/37 cannot re-appreciate evidence in NHAI arbitration awards; interference limited to perversity or public policy.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
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